Most Common Instances of Dental Malpractice and How They Occur

Tuesday, August 19, 2025

Most Common Instances of Dental Malpractice and How They Occur

Written by Malman Law, reviewed by Steve J. Malman.

Malpractice cases are not limited to medical physicians. Dentists are equally accountable for their treatments, and they are required to provide their patients with the expected standard of care. When a dentist, orthodontist, periodontist, or orthodontic surgeon injures a patient by deviating from that standard, he or she is liable for injuries caused.

It is important that patients understand what constitutes dental malpractice, and what steps they must take to file a claim against a dental professional. Most importantly, anyone who suspects they are the victim of dental malpractice should contact a dental malpractice lawyer from Malman Law for a free case evaluation.

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What Is Dental Malpractice and Dental Negligence?

A dental negligence claim, also referred to as dental malpractice, arises when a dental provider delivers substandard care that results in a patient’s injury. To successfully pursue a case, the injured party must show that the dentist had a professional duty, violated that duty through action or omission, and directly caused harm that led to measurable losses.

These situations can involve errors in diagnosis, treatment planning, anesthesia use, or even post-treatment care. In more serious cases, individuals may suffer permanent nerve damage, disfigurement, or infections. Because of the legal and medical complexity involved, a dental negligence claim must be supported by strong documentation, expert insight, and clear evidence.

Anytime a dentist or other dental provider commits an error and causes a significant injury to their patient, they can be held legally accountable. In general, the following four elements must be present for a medical negligence or dental negligence claim to be successful:

• Standard of care: The dental provider had a duty to provide competent treatment.
• Breach of care: They failed to meet that duty in a way that another reasonable provider would not have.
• Damages: The breach led to emotional, physical, or financial harm.
• Causation: There is a clear link between the provider’s conduct and the patient’s injury.

Common deviations from the standard of care may include misdiagnosing a condition, misreading X-rays, skipping routine screenings, prescribing incorrect medications, or errors during dental surgery.

Every field in dentistry carries risk, but every provider has an obligation to uphold patient safety. When they fail to do so, legal action may be necessary.

Elements of a Dental Malpractice Claim

In order to recover compensation in a dental malpractice claim, there are a few different elements that your attorney will work to demonstrate.

1. The dentist had a duty of care to their patients, meaning that the dentist had an obligation to provide you with treatment. A duty of care is created once you become a patient of the dentist.
2. The duty of care was breached. Comparing the dentist’s conduct to what a reasonable and similarly trained professional would have done in these same circumstances, the dentist did not provide a reasonable level of care.
3. This breach of care was the cause of the harm that you suffered. You were hurt as a result of this beach and the dentist’s failure to provide proper care.
4. Because of this breach of care, you should be compensated for the damages that you suffered.

Proving dental malpractice

In order to provide dental malpractice, you and your attorney will work to gather evidence, speak with experts in the field, and put together a summary that outlines the injuries suffered and the compensation requested for damages.

Most Common Types of Dental Negligence

A dental negligence claim can arise when a provider fails to meet professional standards during any part of treatment, from diagnosis to aftercare. These situations can lead to avoidable harm that affects your health, daily life, and financial stability.

Common Instances of Dental Malpractice

Dental injuries and accidents are common. While not as common as medical malpractice and errors, the fact remains that dental professionals cause injuries or deaths annually too.

Dental Extractions

Dental extractions are complicated and dangerous procedures. They involve the dentist removing a tooth whether it is due to infection, compaction, or another medical reason. With these extractions, injuries can include:

• Infection
• Severed Nerve
• Sinus Perforation
• Bur Fracture
• Mandibular Fractures

Endodontic Procedures

Endodontists are professionals who perform oral surgical procedures, such as root canals and specialty procedures handling infections and diseases of the teeth and tissues.

These specialized procedures have associated risks, and while those risks are not necessarily malpractice, injuries can occur if the endodontist is not careful.

Some common injuries that occur from these procedures include:

• Infection – Including brain abscesses, osteomyelitis, and other life-threatening infections
• Broken Instruments in the Canal
• Sinus Perforations
• Air Embolisms
• Nerve Damage

Dental Implants and Injuries

Dental implants are designed to restore a patient’s smile, replace missing teeth, and offer permanent solutions for those who do not want dentures. However, they are complicated procedures – much more complex than patients might realize.

While complications exist with this type of procedure, there are also injuries that might occur, including:

• Postoperative infections of the jaw bone
• Implants placed on nerves
• Unrestorable implants due to bone degeneration
• Implant loss
• Fractured jaws

These injuries are more common with regular dentists performing the procedures than periodontists (dental professionals with additional training).

Crown and Bridge Treatments

Crowns and bridges are used to fill in gaps of missing teeth or teeth lost due to injury and infection. Injuries are not as common with this procedure, but when a dentist is negligent, a patient can suffer costly repairs and injuries, including:

• Damage to existing teeth
• Poor occlusion
• Open margins
• Overhanging restorations
• Full mouth reconstructions

Periodontal Disease

Periodontal disease is a serious infection of the gums and underlying tissues. A dentist should catch this disease early before it has a chance to progress. If the patient continues with frequent check-ups and screenings, their dentist will detect periodontal disease during an annual checkup.

Common injuries and cases associated with this disease include:

• Failure to diagnose
• Failure to treat

If the dentist rarely probes for the disease or never takes routine x-rays, it is likely they will miss the periodontal disease and fail to address it – which could result in a severe infection or complete tooth loss.

Negligence in Orthodontics

Orthodontic treatments typically include braces and re-alignments of the teeth. Sometimes these injuries can result in tooth loss, root damage, nerve damage, unnecessary pain, and TMJ injuries.

Orthodontic procedures are costly; therefore, when an orthodontist is negligent, patients experience excessive out-of-pocket costs that may be unnecessary.

Dental Anesthesia and Complications

Extensive dental procedures or procedures on young children can lead to complications and injuries. When the dentist fails to inform patients, receive consent, monitor the patient under anesthesia, or review the patient’s history for possible interactions, serious injuries occur.

Common injuries include:

• Hypoxic brain injury
• Respiratory issues
• Cardiac arrest
• Death

Dental Infections

The mouth is full of bacteria, and when a dental office does not properly sterilize or take measures to prevent infection, severe injuries can occur. Infections can be life-threatening and lead to deadly brain abscesses. They can also lead to sepsis, a fatal infection that causes the body’s organs to fail slowly.

Dental Injections and Injuries

Injections are often used to numb the area so that the patient does not feel pain while receiving routine and extensive dental work.

Injuries can occur when injections are done improperly, including permanent nerve damage. While dentists might know they struck a nerve with their injection, if they do not withdraw and reinfect elsewhere, permanent injury might occur. Also, the dentist should follow up with the patient, seek treatment, and refer them to specialists if needed.

Adverse Drug Reactions

Several medications might be used in dental procedures. When a drug reaction occurs, it is typically a drug contraindicated on the patient’s medical history. These can result in fatalities, especially if dangerous interactions occur.

Failure to Diagnose Oral Cancers

Oral cancers are tragic. Sadly, a dentist who fails to diagnose or misdiagnosis oral cancer may be negligent. If the oral cancer was easily identified, but the dental professional missed the early warning signs, and another dentist would have easily diagnosed it, then that dental professional may be liable.

TMJ or Other Orthognathic Injuries

TMJ surgeries are typically corrective in nature, but if done improperly, they can lead to serious, debilitating injuries. Some patients may be unable to open their mouths, chew, or function. Typically, these injuries occur under the care of an oral surgeon.

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Steps to File a Dental Malpractice Lawsuit

Taking legal action after a dental injury isn’t just about filing paperwork; it’s a step-by-step process that starts with understanding your options and gathering the right evidence. As noted by the Illinois State Dental Society, the best dentist-patient relationships are built on trust through open communication. However, when problems arise, it’s important to know how to respond and take appropriate action. Here’s how a dental malpractice lawsuit typically unfolds in Illinois:

• Initial evaluation: After an injury, your legal team will begin by reviewing your dental records, bills, and treatment history. This helps determine whether negligence occurred.
• Expert support: In most cases, your attorney will work with a qualified dental professional who can provide a written statement supporting your claim. This expert opinion is critical to meeting the affidavit requirement under Illinois law.
• Notifying the provider’s insurance carrier: Once evidence is gathered, your lawyer will notify the dental provider’s malpractice insurance carrier. These companies often deny liability early on and may strongly contest the claim.
• Negotiating a settlement: Insurance carriers usually make low initial offers to see if claimants will settle quickly. Your attorney can negotiate on your behalf to pursue the full value of your claim.
• Filing the lawsuit: If a fair settlement can’t be reached, your legal team may file a formal complaint in civil court, depending on the specifics of your case.
• Litigation or arbitration: If your case goes to trial, a jury may determine damages. Alternatively, binding arbitration may be used, in which a neutral third party makes the final decision. Your lawyer will help you decide which option gives you the strongest chance of recovering compensation.

While strict legal deadlines exist, what’s most important is understanding that time can work against your case. The earlier you begin the process, the better positioned you are to preserve evidence, meet procedural requirements and seek full compensation. Timing isn’t just about legality; it’s about giving your dental negligence claim the strongest possible foundation.

Statute of Limitations

Illinois law provides a specific timeframe for filing a claim related to personal injuries, including those caused by dental negligence.

In most cases, the statute of limitations is two years from the date you discovered or should have reasonably discovered the injury. This is outlined in statute 735 ILCS 5/13-212. The clock starts ticking from the moment you become aware, or reasonably should have become aware of, the injury caused by dental care.

There are exceptions. For example, if the injured person is under 18, the law allows up to eight years to file a claim, but never beyond their 22nd birthday. Missing these timeframes can mean losing your right to pursue a dental negligence claim, no matter how strong your evidence is.

Legal Remedies with Dental Injuries Occur

When a dentist injures a patient, the patient has several legal remedies at his or her disposal.  These solutions include:

Filing an official complaint with the state dental board. All patients should submit a complaint to the state dental board. The complaint forces the board to investigate the injury and incident. If the investigation determines the dental professional was negligent, they may receive a citation. Serious injuries or malpractice could result in a revocation of their license.

Filing a dental malpractice lawsuit. Medical malpractice attorneys handle dental lawsuits. These are not cases that a victim can handle alone. Instead, an attorney is required to conduct depositions, subpoena records, and conduct a thorough investigation.

Do Dentists Need Medical Malpractice Insurance?

Dental professionals carry medical malpractice insurance to protect themselves against patient injury claims and help ensure that victims of dental malpractice can recover the compensation they deserve. In Illinois, dental practitioners are legally required to maintain malpractice coverage, which safeguards both their financial security and professional reputation.

According to the Illinois Department of Insurance, medical liability insurers must report malpractice claims to the state, promoting regulatory oversight and tracking the frequency and severity of claims across healthcare professions, including dentistry.

Here are some key points regarding dental malpractice insurance:

Mandatory Coverage

Many dental practices require malpractice insurance before employment to ensure financial protection against potential lawsuits. Without coverage, dental professionals risk personal financial liability for any damages awarded.

Types of Policies

Claims-made and occurrence-based policies offer different protections. Claims-made policies cover incidents only if the claim is filed during the policy period, while occurrence-based policies protect against incidents that happened during the period, even if the claim is filed later.

Cost Factors

Premiums for dental malpractice insurance vary based on several factors, including the dentist’s specialty, prior claims history, and location. In densely populated cities like Chicago, rates are typically higher due to the greater volume of patients and increased risk exposure.

Types of Compensation in a Dental Malpractice Lawsuit

In the event that you suffer an injury from a dentist who is performing work on your mouth, you could have an expensive recovery. There are several different types of compensation that you might receive if you pursue a dental malpractice case. These often include recovering costs for:

• Surgery and other medical treatment
• Visits to the doctor or other dentist
• Stays in the hospital and additional treatments that are related to your injury
• Lost wages due to time missed at work
• Pain and suffering
• Other expenses that are related to the injury

Your experienced dental malpractice lawyer can give you a detailed summary of the compensation you might expect to receive from your claim.

Is There a Formula for Calculating Economic Damages in Dental Malpractice Settlements?

While there is no single universal formula, economic damages in these cases are typically calculated by aggregating quantifiable financial losses.

Economic damages are typically calculated based on:

• Medical Expenses: Costs for corrective procedures, hospital stays, medications, and therapy, which can accumulate quickly depending on the complexity of the injury.

• Lost Income: Wages lost due to time off work during recovery, and diminished future earning capacity if the injury leads to long-term disability or career changes.

• Future Medical Needs: Predicted costs for surgeries, prosthetics, and long-term dental care required to maintain quality of life and manage chronic conditions.

• Miscellaneous Expenses: Travel expenses for medical appointments, home care needs, assistive devices, and modifications to living spaces necessitated by injuries.

A qualified malpractice attorney evaluates these categories thoroughly to maximize the compensation owed to the injured patient, considering both current and projected future costs, ensuring no aspect of financial hardship is overlooked during settlement negotiations.

Minor Cases

In minor dental malpractice cases, patients may experience temporary discomfort or injuries that are quickly treatable, typically resulting in lower financial losses. Examples include minor gum infections, slight nerve irritation, or superficial infections that heal quickly with minimal intervention. Though these injuries can cause temporary pain and inconvenience, they typically do not require extensive treatment or result in long-term consequences.

Economic damages in these cases might include:

• A few hundred to a few thousand dollars in medical treatment
• Minimal time off work, typically just a day or two
• Limited or no future medical needs
• Low likelihood of needing additional dental procedures or therapy

Moderate Cases

Moderate cases typically involve injuries that require corrective procedures but do not result in long-term disability. Patients might need additional dental surgeries, prolonged antibiotic treatments, or experience moderate pain over several weeks or months. In some instances, patients could face minor scarring, difficulty eating, or temporary nerve sensitivity, requiring follow-up appointments and extended recovery periods.

Compensation may cover:

• Significant dental bills for remedial treatments
• Several days or weeks of lost wages
• Prescription medications and specialist consultations
• Physical therapy or specialized dental care to aid full recovery

Significant Cases

Significant dental malpractice cases involve injuries that impact daily life, such as permanent nerve damage or jaw fractures. These injuries usually require extensive surgeries, rehabilitation, and ongoing therapy. Patients may also endure chronic discomfort, speech impediments, and emotional trauma that interfere with their ability to work, socialize, and enjoy daily activities. Long-term consequences often demand coordinated care among dental surgeons, therapists, and mental health professionals.

Economic damages may include:

• Tens of thousands of dollars in medical expenses
• Substantial lost earnings
• Long-term rehabilitative care and specialist visits
• Costs for psychological counseling and adaptive therapies

Severe Malpractice

Severe dental malpractice cases can cause permanent impairment, chronic pain, or major facial disfigurement — injuries that profoundly impact a victim’s life. Victims may face lifelong physical and emotional challenges, often requiring continuous specialized care, such as speech therapy, reconstructive surgeries, and pain management. Emotional distress, loss of self-esteem, and strained personal relationships frequently compound the trauma of severe dental injuries.

Settlement factors often include:

• Extensive medical and surgical costs
• Major career disruption or complete loss of employment ability
• Significant psychological counseling expenses
• Costs associated with prosthetics or reconstructive surgery
• Lifelong support services, such as in-home care or assisted living

Catastrophic Cases

Catastrophic dental malpractice cases result in profound, life-altering consequences, such as brain injuries caused by anesthesia errors or fatal infections. These cases often lead to multi-million-dollar settlements. Victims frequently face complete dependency on caregivers, permanent disability, and an inability to participate in normal daily activities, significantly diminishing quality of life.

Key components of damages include:

• Lifetime medical and support care costs
• Complete loss of earning potential
• Pain and suffering damages
• Loss of consortium claims by family members
• Emotional anguish and loss of enjoyment of life

In Chicago, catastrophic malpractice settlements not only reflect the victim’s immediate losses but also anticipate lifelong financial and emotional burdens, aiming to provide resources for ongoing personal and medical needs.

Illinois Medical Malpractice Caps on Damages

A patient can seek relief for both economic (special) and non-economic (general) damages.

Economic damages include:

• Past and future medical expenses (doctor and hospital bills)
• Loss of past and future wages
• Cost of domestic services
• Cost of rehabilitation or physical therapy
• Cost of home aid devices

Noneconomic damages include:

• Pain and suffering
• Emotional distress
• Loss of society and companionship
• Loss of consortium
• Loss of enjoyment of life

Prior to 2010, Illinois had a cap on the noneconomic damages that a person could recover. A claimant could only recover a maximum of $500,000 million against a healthcare professional and $1 million against a healthcare facility or hospital. However, this cap has been lifted since the Illinois Supreme Court ruled this law as being unconstitutional.

Connect with Malman Law Today

Not every bad dental outcome is grounds for legal action, but when a provider’s carelessness causes you harm, it’s your right to hold them accountable. At Malman Law, we’re committed to helping individuals in Chicago navigate the aftermath of negligent dental treatment. We take pride in guiding our clients through the legal process with clarity, confidence, and compassion. 

To discuss your legal options and find out whether filing a dental negligence claim makes sense for your situation, contact us today at 2 888 625 6265 for a free case review.